Subscribe today to receive notice of our latest thought leadership, articles, and updates.
Recent updates
Policy Matters
The latest legislative and regulatory activity that impacts you and the services we provide
Policy Matters Brief - May 8, 2025
May 8, 2025 · Public Policy & Regulatory Affairs Team
Alabama provides compensation to full-time public education employees
Under existing state law, public sector education employees injured on the job must pay out-of-pocket expenses and seek reimbursement from the Alabama Board of Adjustment for any on-the-job injury. The law has been amended to include full-time public education employees who are injured on the job. This amendment is effective immediately.
More information can be found here.
California Legislature busy with workers’ compensation bills
The California Assembly Insurance Committee passed several important bills that would directly impact the State’s current workers’ compensation system:
- Assembly Bill 1048 – would grant permission to independent bill review entities to resolve disputes between parties over contractual discounts.
- Assembly Bill 1125 – would extend existing heart trouble presumptions to any peace officer employed by the Department of State Hospitals.
- Assembly Bill 1336 – would create a presumption that an agricultural employer violated state workplace heat injury prevention rules if a worker suffers a compensable heat-related injury. A similar measure which passed the full legislature last year was vetoed by the Governor.
The bills now head to the full Assembly for further consideration. More information on these and other bills can be found on the Assembly website.
Indiana updates Workers' Compensation Rules
Indiana General Assembly House Bill 1214 provides that, after June 30, 2025, a party may not prohibit an employer from bidding on a contract solely on the basis of the employer's experience rating. The bill also requires worker's compensation insurance companies to revise an insured party's prior experience ratings in a specified manner after the insurer makes a successful subrogation claim.
More information can be found here.
Montana revises definition of treating physician to include physician assistants
Montana State Legislature House Bill 143 revises the definition of treating physician to include physician assistants without regard to proximity of other providers; the physician assistant is to be licensed under Title 37, chapter 20. Enacted April 16, 2025.
More information can be found here.
Montana authorizes benefits administrators to pursue benefits or receive payments
Montana Code 39-71-72 MCA was amended to add the term "benefits administrator", denoting a person appointed by the workers' compensation judge as provided Montana Code 39-71-2905 to pursue benefits or receive payments on behalf of a child under 18 years of age or to a person found to be incompetent.
More information can be found here.
Montana Workers' Compensation Division updates Temporary Total Disability Benefits
Montana Workers' Compensation Law (39-71-609, MCA) relating to total disability benefits was amended to set forth guidelines for terminating temporary total disability benefits when a worker is released to return to full duty prior to or when reaching maximum medical improvement. This amendment is effective July 1, 2025.
More information can be found here.
New Mexico amends the Professional Psychologist Act to include prescribing psychologists
The New Mexico Senate expanded the Professional Psychologist Act the definition of "independently licensed prescribing clinician" to include prescribing psychologists with at least four years of independent experience in prescribing psychotropic medication.
More information can be found here.
New York continues towards final eBilling implementation
The New York Workers’ Compensation Board (WCB) recently released a bulletin updating stakeholders on the soon to be implemented eBilling requirements as part of their CMS-1500 project. The bulletin reminds all stakeholders, providers, and payers of the pending August 1, 2025 mandated effective date and urges stakeholders still processing paper CMS-1500 bills to begin testing of or submittal of electronic XML formatted bills to ensure compliance.
The WCB also moved to ensure that providers using CPT code 99080 are reimbursed for the “cost offset” of submitting bills electronically while reinstating potential fines to payers for not properly processing electronic bills and reimbursing providers for the “cost offset.”
More information on the recent bulletin and the CMS-1500 program requirements can be found here: CMS-1500 Electronic Forms Submission - Overview
Ohio updates labor law notices requirements
Ohio Senate Bill 33 allows employers to post certain labor law notices on the internet. The bill also mandates that no minor shall be employed unless the employer posts an abstract summarizing the provisions of this chapter of the law and that the abstract be posted in a specified manner.
More information can be found here.
Tennessee expands workers compensation presumption
Tennessee House Bill 310 amends State Code Annotated, Title 7, Chapter 51 and Title 50, Chapter 6, creating a presumption that the diagnosis of a law enforcement officer or an emergency medical responder with post-traumatic stress disorder as a result of responding to certain incidents incurred in the line of duty for purposes of workers' compensation coverage.
More information can be found here.
West Virginia amends who may diagnose post-traumatic stress disorder for first responders
West Virginia House Bill 2797 amends State Code §23-4-1f, 1931, to add certified nurse practitioners and physician assistants to the list of professionals who may diagnose post-traumatic stress disorder for first responders.
More information can be found here.
West Virginia creates the Pharmacist Prescribing Authority Act
West Virginia Senate Bill 526 (The Pharmacist Prescribing Authority Act) authorizes pharmacists to prescribe low-risk medications. This act limits prescriptions dispensed or prescribed to no more than a 30-day supply within a 6-month period. If more than 10 days is prescribed or dispensed, the pharmacist must notify the primary care physician. If no primary care physician is identified, the pharmacist must refer the patient to a primary care physician.
More information can be found here.
Additional Optum resources: For more information on these policy developments and others we have been tracking this year, be sure to visit our Legislative and Regulatory Tracker. Bills or regulations can be filtered by insurance line, topic, status and jurisdiction. If you have questions on these or any other public policy developments, please contact our team at OptumWC.PolicyMatters@optum.com. |
